Lawyer explains: Is a hit and run a felony or misdemeanor?
According to statistics, the U.S. experiences more than 700,000 hit-and-run accidents yearly. A hit-and-run accident occurs when the driver(s) leave the scene of an accident.
According to accident statutes, as a driver, you are legally mandated to stop at the scene of an accident and exchange personal information, report the accident to the police, and render help if there are injured victims.
Drivers commit hit-and-runs for various reasons, including fear of legal consequences, lack of insurance, and intoxication.
Some drivers may also flee the scene because they are unaware that they hit someone or because they are in a state of shock.
Further reading: How much does a hit and run lawyer cost?
But what is a hit and run? what are the various types of hit and runs? If you are convicted of one, what should you do to beat it? Well, this article explores this serious crime and goes the extra mile to explain the penalties. Ready to dive in?
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Is hit and run a criminal charge
A hit-and-run is a criminal charge. It’s the type of offense you will have committed if you fled or left the scene of an accident. According to traffic laws here in the United States, you as a driver must stop at the scene of an accident or else face criminal charges.
In addition to criminal charges, the driver who didn’t stop at the scene risks facing civil charges independent of the criminal cases.
The victims of the hit and run accident have the right to sue to recover damages and other losses. You will be compelled in a civil lawsuit to compensate the driver who suffered injuries or losses due to your negligence.
A driver that doesn’t stop at the scene of an accident faces potentially 2 types of charges and these include a felony or a misdemeanor. Below I explain the 2 terms.
When is a hit and run a felony?
In any auto accident, there mainly 3 possible outcomes. There could be injuries, fatalities, and or property damages.
You risk facing charges of hit-and-run felony if the accident involves injuries and or deaths. A felony hit-and-run is a severe form of a hit-and-run criminal charge.
When is a hit and run a misdemeanor?
If there were only property damages, we call the potential crime a hit-and-run misdemeanor. This is also known as a minor hit-and-run charge.
Whether it’s a felony or not, the consequences of a hit and run crime include prison or jail time, fines, revocation/suspension of your driver rights, and other civil claims by the victims of the offense.
As expected, the penalties of a hit-and-run felony are much more severe compared to a felony. Whereas the prison time for a minor hit and run does not exceed a year, you should expect upwards of 5-10 years if the accident involves injuries or deaths.
Does police investigate a hit and run misdemeanor?
whether police do or don’t investigate a minor hit and run depends on the circumstances of the accident and any lead in possession of the traffic officers.
In my opinion, the police usually expect insurance companies to settle minor cases of accidents and therefore rarely swing in to investigate minor cases.
Further reading: Leaving the scene of an accident to avoid DUI: hit-and-run lawyer tips
From statistics, police usually solve 5-10% of all the hit-and-run cases reported, leaving close to 90-95% of the crimes unsolved. The majority of the hit-and-run cases that are not investigated are of course hit and run misdemeanors.
Does police investigate a hit and run felony?
Yeah. Severe forms of hit-and-runs are aggressively investigated and solved by police. If you flee the scene of an accident involving injuries or fatalities, soon or later police will comprehend and arrest you.
In many states here in the USA, hit-and-run felony cases remain open till the offender is arrested. This implies that police will continue hunting for you no matter how many years.
This is one of the reasons you should seek the services of an experienced criminal defense lawyer and also consider turning yourself in.
What is the difference between a misdemeanor and a felony charge for hit and run?
I guess you now know the answer to the above question, right? A misdemeanor is a charge for a minor hit-and-run accident crime, whereas a felony is a charge that is pressed against you if the crash involves injuries.
Prison time for a misdemeanor usually does not exceed 12 months whereas the prison time for a felony is beyond 5-10 years. In the worst-case scenario, you could be sentenced to life imprisonment following a hit-and-run felony.
How to get out of a hit and run charge?
It’s really hard to beat leaving the scene of an accident, more especially if there were injuries or deaths. You must consider seeking the services of a lawyer for you to stand any slight chance.
Whether you will get out of a hit and run charge begins right at the scene. Remember, the prosecutor needs to prove beyond reasonable doubt for him to successfully convict you.
In preparation for your defense, you must collect pieces of evidence in advance if you want to successfully defend the crime.
You must collect pieces of evidence that will help you prove that you stopped at the scene, proof that you did not cause the accident, and proof that shows you acted the way required by law.
Conclusion.
Is a hit and run a felony or misdemeanor? Yes, a hit and run can be a misdemeanor or a felony depending on whether there were injuries deaths, or property damages.
You won’t face charges if the accident did not cause injuries or deaths, or if there were no property damages recorded.
If you are the victim, hiring an experienced car accident attorney will help in negotiating compensation, or representing in courts of law if the case goes to trial.
On the other hand, a criminal defense lawyer is needed if you are the driver who fled the scene of an accident. The lawyer will help you navigate the complex legal process, protect your rights, and represent you if a lawsuit is filed against you.
Sources.
1. Felony Hit and Run. losangelescriminallawyer. https://www.losangelescriminallawyer.pro/california-felony-hit-and-run.html
2. MISDEMEANOR HIT AND RUN. criminallawyersandiego. https://www.criminallawyersandiego.com/moving-violations/misdemeanor-hit-and-run/
3. Hit and Run / Leaving the Scene. criminalattorneycolumbus. https://www.criminalattorneycolumbus.com/criminal-defense/traffic-violations/hit-and-run/
4. What Does a Car Accident Lawyer Do? johnfoy. https://www.johnfoy.com/faqs/what-does-a-car-accident-lawyer-do/